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Assembly Bill A3529

2011-2012 Legislative Session

Prohibits, unless authorized by state law, municipalities from authorizing local law enforcement to enforce any provision of federal immigration law

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2011-A3529 (ACTIVE) - Details

Law Section:
General Municipal Law
Laws Affected:
Add ยง79, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
A6081

2011-A3529 (ACTIVE) - Summary

Prohibits, unless authorized by state law, municipalities from authorizing or requiring local law enforcement to enforce any provision of federal immigration law, rule or regulation; requires establishment of a civilian review board in each municipality authorized to enforce federal immigration law to review actions and report on actions relating to such enforcement.

2011-A3529 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3529

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M. of A. P. RIVERA, RAMOS -- Multi-Sponsored by -- M. of
  A. ARROYO, V. LOPEZ, ORTIZ, PERRY, J. RIVERA, N. RIVERA --  read  once
  and referred to the Committee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  municipal corporations from empowering local police officers and peace
  officers to enforce any provision of federal immigration law, rule  or
  regulation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 79 to read as follows:
  S 79. PROHIBITION ON ENFORCEMENT OF FEDERAL IMMIGRATION LAW, RULES AND
REGULATIONS.  1. NO MUNICIPAL CORPORATION SHALL AUTHORIZE OR REQUIRE ANY
MUNICIPAL POLICE OFFICER OR PEACE OFFICER TO ENFORCE  ANY  PROVISION  OF
FEDERAL  IMMIGRATION  LAW,  RULE  OR  REGULATION,  UNLESS SUCH MUNICIPAL
CORPORATION IS EXPRESSLY AUTHORIZED TO DO SO BY STATE STATUTE.
  2. EVERY MUNICIPAL CORPORATION, EXPRESSLY AUTHORIZED BY STATE  STATUTE
TO AUTHORIZE OR REQUIRE ITS POLICE OFFICERS OR PEACE OFFICERS TO ENFORCE
FEDERAL  IMMIGRATION LAW, RULES OR REGULATIONS, SHALL, PRIOR TO ANY SUCH
AUTHORIZATION OR REQUIREMENT,  ESTABLISH  A  CIVILIAN  REVIEW  BOARD  TO
REVIEW, EVALUATE AND REPORT ALL ACTIONS OF THE MUNICIPAL POLICE OFFICERS
AND PEACE OFFICERS AUTHORIZED OR REQUIRED TO ENFORCE FEDERAL IMMIGRATION
LAW,  RULES  AND  REGULATIONS.  EVERY CIVILIAN REVIEW BOARD SHALL COMPLY
WITH THE PROVISIONS OF RULES AND REGULATIONS PROMULGATED BY THE ATTORNEY
GENERAL FOR SUCH BOARDS.
  3. ANNUALLY, ON OR BEFORE MARCH  FIRST,  EACH  CIVILIAN  REVIEW  BOARD
SHALL  SUBMIT  A  REPORT  TO THE LEGISLATURE AND THE ATTORNEY GENERAL ON
EVERY ACTION TAKEN BY A POLICE OFFICER OR PEACE OFFICER OF  THE  MUNICI-
PALITY  DURING THE PREVIOUS CALENDAR YEAR RELATING TO THE ENFORCEMENT OF
FEDERAL IMMIGRATION LAW, RULES AND REGULATIONS, AND THE CIRCUMSTANCES OF
EACH SUCH ACTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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